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13. The results of the interviews conducted with the most active prosecutor’s offices: best practices in judicial activitiesarticle 12 of the consolidated text of the Law on Immigration. Unlimited extensionof AND’s competence would distort its functions, they said: moreover, conflicts ofcompetence would not be resolved but only shifted to another level.Entirely opposed to any such extension was the prosecutor’s office of Ascoli Piceno,which maintained that the inclusion within the ADDs’ competence of investigationsinto cases of people trafficking and migrant smuggling was not desirable, given therisk of overwhelming these agencies, which already had heavy caseloads on specificcrimes. Moreover, although the criminal organisations engaged in trafficking andsmuggling were structurally similar to a Mafia-type organisation, they useddifferent means.13.1.5 Atypical investigative instruments and the use of those envisaged by theconsolidated text of the law on drugsBesides the investigative instruments just described, the work of the prosecutor’soffices most active in combating people trafficking and smuggling comprised theuse of other instruments denominated ‘atypical’ in that they are not expresslyenvisaged by the Code of Criminal Procedure.A) D) DATABASESA particularly effective atypical investigative instrument has been developed toaddress one of the main problems arising in investigations into migrant smuggling:identification of the perpetrators. The creation of databases that systematicallycollect information on cases has enabled reconstruction of the identities andfunctions internally to criminal organisations of individuals using a variety of aliasesand investigated in several proceedings. The most significant experience from thispoint of view was reported by the prosecutor’s office of Trieste, where the creationof a ‘pool’ of prosecutors and police officers specialised in migrant smuggling hadenabled the centralised logging of all notifications of crime and interceptions ofillegal immigrants. The information collected was entered into a databasecontaining the names and photographs of illegal migrants and passeurs as well asother investigative data such as the telephone numbers and addresses found in thepossession of the illegal immigrants. These data have led to a number of importantinvestigative successes. For instance, photographic identification, which on its ownwould have been useless, has helped in identifying a number of passeurs once ithas been considered jointly with the statements made by the illegal migrantsconcerned. In other cases, repeated calls by illegal migrants to a particulartelephone number have led to identification of the owner of the telephone inquestion as a passeur. 377 A similar success has been achieved in Crotone by settingup a database containing the names of suspects, the telephone numbers found inpossession of illegal immigrants, and photographs of their faces.377 See F. Frezza, op. cit., pp. 4-5.215
13. The results of the interviews conducted with the most active prosecutor’s offices: best practices in judicial activitiesB) T) THE CENTRALISATION OF INVESTIGATIONSAt other prosecutor offices, where it was impossible to create a proper databasebecause of the lack of human resources and means, the information collected onpeople trafficking and migrant smuggling has been coordinated by centralisinginvestigations at the office of an individual prosecutor or by establishing an interforcepool. This has been done at Brescia (an inter-force investigative group whichconcentrates on the robbing of luxury country houses by Albanian criminals), Milan(centralisation of investigations to a single prosecutor’s office), and Gorizia, Brindisiand Lecce (creation of a specialised pool). These various efforts have yielded a largebody of comparable information which has proved useful in identifying the methodsused to smuggle migrants and the perpetrators of the offences.C) T) THE INSTRUMENTS PROVIDED BY THE CONSOLIDATED TEXT OF THE LAW ON DRUGSThe prosecutors interviewed expressed conflicting opinions on the use of theinvestigative instruments provided by articles 97 and 98 of the consolidated text ofthe Law on Drugs 378 (hereinafter C.T. Drugs). Before the work of individualprosecutor’s office is considered in detail, preliminary explanation of the natureand the functions of these investigative instruments is necessary.Article 97 379 of the C. T. Drugs considers the case of the simulated purchase ofdrugs, stating that the judicial police officers are not punishable when they pretendto buy a specific amount of drugs in order to gather evidence in cases of crimesinvolving narcotics. In these cases they act in a manner similar to an agentprovocateur, to whom the basic principle applies that the crime must not beinstigated by the agent but deliberately caused by the wrongdoer.Article 98 of the C. T. Drugs 380 introduces into Italian law an investigativeinstrument typically used in other countries: controlled delivery or, more378 D.P.R. 9 October 1990, no. 309 (Testo Unico delle leggi in materia di disciplina degli stupefacenti esostanze psicotrope, prevenzione, cura e riabilitazione dei relativi stati di tossicodipendenze) [ConsolidatedTexts of the Laws on Drugs and Psychotrophic Substances, Prevention, Cure and the Rehabilitation of DrugAddicts]. For a commentary see G. Di Gennaro, G. La Greca, La questione droga, Giuffrè, Milan, 1999.379 Article 97 C. T. Drugs (Simulated Purchase of Illicit Drugs):1. Under the provisions of article 51 of the criminal code, judicial police officers belonging to special antidrugsunits are not punishable when, for the sole purpose of acquiring evidence in relation to the crimesenvisaged by this law and in execution of anti-criminal operations specifically mounted by or on agreementwith the Central Anti-Drugs Service, the questore, or the chief of the Carabinieri of the Guardia di Finanza,or the chief of the tax police unit or the director of the DIA (Antimafia investigative division) pursuant toarticle 3 of the D.L. 29 October 1991, no, 345, converted with modifications into law no. 410, 30 December1991, they purchase illicit drugs or psychotropic substances.2. The Central Anti-Drugs Service and the judicial authority must be immediately informed of the purchaseof illicit drugs or psychotropic substances. The judicial authorities may, on request by the judicial police,postpone the seizure until the investigations have been completed.380 Article 98 C. T. Drugs (Delay or omission of capture, arrest or seizure - International collaboration):1. The judicial authorities may, with motivated decree, delay the issue or order the delayed execution oforders of capture, arrest or seizure when this is necessary for the acquisition of important evidence or theidentification or the capture of persons responsible for the crimes envisaged by article 73 and 74.2. For the same reasons, the judicial police officers belonging to anti-drugs special units, as well as thecustoms authorities, may omit or delay actions within their competence, giving immediate notice, even by216
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TRAFFICKING IN PERSONS ANDSMUGGLING
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Table of contentsTABLE OF CONTENTS1
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Table of contents10.4 Assistance an
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Table of contents13.1.5 Atypical in
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1. Acknowledgementsthe interviews w
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2. Executive summary2.EXECUTIVE SUM
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2. Executive summaryDuring phase V,
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2. Executive summaryAs regards the
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2. Executive summaryIncidente proba
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2. Executive summary- Establish the
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2. Executive summaryUpdate to the r
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3. IntroductionThe need for reliabl
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3. Introductionpersons and on the s
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4. Goal, objectives and phases of t
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5. Operational definitions5.OPERATI
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5. Operational definitionsany provi
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5. Operational definitions5.3 T5.3
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6. The United Nations Convention ag
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7. The European Union regulations7.
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7. The European Union regulationsEa
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7. The European Union regulations-
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7. The European Union regulationsth
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7. The European Union regulationsb)
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7. The European Union regulationspe
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7. The European Union regulationsTh
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7. The European Union regulationsap
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7. The European Union regulationsOn
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7. The European Union regulations-
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8. Trafficking and smuggling in Eur
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9. Trafficking and smuggling in Ita
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9. Trafficking and smuggling in Ita
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10. Italian legislation and judicia
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11. A map of the phenomenon in Ital
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12. The results of the interviews c
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Page 256: ANNEXASURVEY ON CASES OF PEOPLETRAF
Page 259 and 260: Annex AData related to the case:Cas
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Annex B1.1 Smuggling of migrants (t
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Annex B13. How much do the migrants
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Annex B2.2 The perpetrators of traf
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Annex Bmeasures, tailing, infiltrat
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Annex B45. What kind of internation
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